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American Payroll Association (APA) Basic Guide to Payroll, 2013 Edition
It's more important than ever to be in compliance with payroll laws and regulations! How do you stay in compliance and avoid penalties? The APA Basic Guide to Payroll is written to make understanding the laws and regulations as easy as possible. And this single-volume guide is filled with tools to help you apply the law and make proper calculations – with ease!
New York has enacted legislation, which creates the Metropolitan Commuter Transportation Mobility Tax. This new tax is imposed on certain employers and self-employed individuals engaging in business within the Metropolitan Commuter Transportation District (MCTD). Specifically, the tax applies to (1) employers required to withhold New York state income tax from employee wages and whose payroll expense exceeds $2,500 in any calendar quarter, and (2) individuals with net earnings from self-employment allocated to the MCTD that exceed $10,000 for the tax year (according to the Department of Taxation and Finance, this includes partners in partnerships and members of a limited liability company (LLC) treated as a partnership).
For employers, the tax rate is 0.34% of total payroll expense for employees employed within the MCTD. For individuals, the tax rate is 0.34% of net earnings from self-employment allocated to the MCTD during the tax year.
An employer cannot deduct from an employee's wages or compensation any amount representing all or a portion of the tax imposed on the employer.
Any exemption from tax specified in any other New York state law does not apply to the new tax.
For employers, the tax must be paid quarterly, at the same time as the statewide wage reporting system report is required. Generally, employers subject to Tax Law §9 (regarding electronic funds transfer) must pay the tax on payroll expense at the same time as the withholding tax remitted under the electronic payment reporting system and the electronic funds transfer system.
Individuals subject to the tax must make quarterly estimated payments and must also file a return for the taxable year by the 30th day of the fourth month following the close of the taxable year.
For employers, the tax generally applies on and after March 1, 2009. However, the tax applies to public school districts within the MCTD on and after September 1, 2009. For individuals with net earnings from self-employment, the tax applies to tax years beginning on or after January 1, 2009, but an individual's liability for the 2009 tax year will be based only on ten-twelfths of the net earnings for the 2009 tax year.
(Ch. 25 (A.B. 8180), Laws 2009, effective May 7, 2009, applicable as noted http://www.tax.state.ny.us/sbc/mta.htm.)
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